Case information
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37726
Elvis Krivicic v. Her Majesty the Queen, et al.
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-12-22 | Close file on Leave | |
| 2017-12-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-12-22 | Judgment on leave sent to the parties | |
| 2017-12-21 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C62629, 2017 ONCA 379, dated May 10, 2017, is dismissed without costs. Dismissed, without costs |
|
| 2017-12-21 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2017-11-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-11-20 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-10-04 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be submitting a response, Completed on: 2017-10-04 | North Bay Regional Health Centre |
| 2017-09-13 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2017-09-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-09-13 | Her Majesty the Queen |
| 2017-09-06 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2017-09-06 | |
| 2017-08-29 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2017-08-29 | Providence Care Centre |
| 2017-08-29 | Notice of change of solicitor, Ron Pearson replaces Janice Blackburn | Providence Care Centre |
| 2017-08-18 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), With consent, Completed on: 2017-08-18 | Elvis Krivicic |
| 2017-08-14 | Letter acknowledging receipt of an application for leave to appeal | |
| 2017-08-11 | Correspondence received from, Fee waiver request | Elvis Krivicic |
| 2017-08-11 | Certificate (on limitations to public access) | Elvis Krivicic |
| 2017-08-11 | Application for leave to appeal, (Book Form), C/A order rec'd on 2017-08-18 - Fee waiver granted by the Registrar on 2017-09-06, Completed on: 2017-08-11 | Elvis Krivicic |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Krivicic, Elvis | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
| North Bay Regional Health Centre | Respondent | Active |
| Providence Care Centre | Respondent | Active |
Counsel
Party: Krivicic, Elvis
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
Email: tracy.kozlowski@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: North Bay Regional Health Centre
Counsel
33 Yonge Street
Suite 201
Toronto, Ontario
M5E 1G4
Telephone: (416) 982-3806
FAX: (416) 982-3801
Email: jblackburn@lexcanada.com
Party: Providence Care Centre
Counsel
752 King Street West
Kingston, Ontario
K7L 4X3
Telephone: (613) 544-4900 Ext: 53367
FAX: (613) 544-6655
Email: pearsonr@providencecare.ca
Summary
Keywords
Criminal law — Review boards — Protection of public from dangerous persons — Detention in custody in hospital — Appeals and judicial review — Review board concluding that applicant remained significant threat to public safety and ordering continued detention — Appeal allowed on basis of fresh evidence and matter remitted to Review Board for new hearing — Whether Court of Appeal obligated to order absolute discharge rather than remit matter back to Review Board for new hearing where appeal was allowed on basis of fresh evidence.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant, Mr. Krivicic, was found not criminally responsible on account of mental disorder in connection with one count of criminal harassment and two counts of failure to comply with recognizance, and he was detained. The Ontario Review Board later concluded that Mr. Krivicic remained a significant threat to public safety and ordered his continued detention. On appeal against that continued detention order, Mr. Krivicic adduced a recent psychiatric assessment to demonstrate that he did not meet the significant threat threshold for continued detention. A majority of the Court of Appeal allowed the appeal on the basis of this fresh evidence and remitted the matter to the Review Board for a new hearing.
Lower court rulings
Ontario Review Board
4732
See file
Court of Appeal for Ontario
C62629, 2017 ONCA 379
See file
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available